I am honestly appalled at those of you who condone this sort of behavior, and can't understand how it can be rationalized as anything but outright theft.

I'll be sitting in my paid E+ seat when I go to HKG next month and won't be plopping down in C unless the airline chooses to give me an op-up. That's the difference; its their product and they can choose to do with it what they will. Otherwise I will take the product I paid for, which is a seat in economy (as uncomfortable as ORD-HKG in Y will be).

Indeed.

Wow, I never even thought to try this. I think its great, more power to people who do it.

I can't even believe someone would condone or encourage such theft! Have we degenerated into such a greedy society that stealing is lauded as something we aspire? Would any of you teach your child to do this? If so, I pity my child and grandchildren's world.

Isn't this why we have Federal Air Marshalls sit upfront? - so that they can shoot the riff raff that may try to up front? :D

-Vincent

What's the big deal?

This happens all the time on British trains - I must have seen it dozens of times, particularly when people guess the guard won't be round before their station comes along.

As long as the people pay up or move out when challenged, don't try to rub my nose in the fact they haven't paid, I personally don't have a big problem.

I get really p@@sed off with the snobby class attitude that still pervades in parts of the travel world. A few weeks back, I was fortunate enough to blag a couple of free first class return train tickets. My partner who doesn't normally travel long distances by train, and first class at that, was was quite excited, and she was chatting to the couple opposite about our free tickets, when a couple across the aisle were heard to say "I think people on free tickets should be in a different cabin to paying first class passengers". We were both careful to ensure we passed our scabies, plague and lice onto these full fare First Class snobs before we left. :D

As a F/A, I routinely check our final report to make sure everything jives with the count in F/C. If it doesn't and I see who the culprit is, I ask to see thier boading pass, I then politely escort them to the correct seat in the main cabin. It is embarassing enough to them to be caught so I don't go on and on about it. But I think it is terrible that people would try to do this. Whether the rightful people in B/F have been upgraded on miles or someone has paid full fare tickets that is where they should be! 9 times out of 10, the person is a MAN that was not upgraded as he thought he should be and is accustomed to sitting in B/F on other flights. But I guarantee you, if they witnessed someone doimg this when they WERE sitting in B/F, they would not appreciate the intrusion. As far as security reasons, it makes me uneasy to know someone is trying to "put one over on us" just by being sneaky. Who knows what their reasons are for trying such a thing.

I understand that some folks feel that anything they can get away with is OK. After all, it is only wrong if you get caught. However I believe that "sneaking" into first class is much like having your friends let you in the back door of a movie theater. You might get away with it, but it is still wrong. Just my $.02.

Can't speak for other legal systems, but under UK law (and other common-law systems are often similar), deception can be implied by conduct. It is certainly NOT necessary to explicitly "lie to the flight attendant." The airline gives you a boarding pass - and invites you to board. By taking up a seat and accepting services there is a deception here as to your status - you imply that you are someone entitled to sit in that seat in that cabin class. Indeed if you made an innocent mistake in taking up the wrong seat and later realised your mistake you would be guilty of a deception just by remaining silent and continuing to enjoy the service.

The main statute is the Theft Act 1968 as updated by 1978 and 1996 acts.
s1 Theft Act 1978 as amended by the Theft (Amendment) Act 1996 gives:

(1) A person who by any deception dishonestly obtains services from another shall be guilty of an offence.

(2) It is an obtaining of services where the other is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for.

No doubt things have diverged a little in the US, but note that in xanthuos's quote "concealment, false declaration, or artifice", there is the word "or". On this basis there does not have to be a false declaration - just an "artiface" would be enough.

Frankly if considering criminal law, case law is a better guide to "what counts" as a deception than dictionary definitions, especially if you have to follow through several definitions.

In any case, "there are many ways to skin a cat". In the UK a simple s1 Theft Act 1968 charge could be simpler once you've started "appropriating property":

s1: "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.."

The various terms are then defined in subsequent sections and are clear enough. A glass of orange juice would be enough - even if you could have got the same juice in economy.

The current legal test for dishonesty is doing something that:
1) is dishonest by the standards of ordinary and reasonable people and
2) knowing that the act was dishonest according to those standards.

So its no defence to say "I didn't think what I did was wrong". But you would get away with it if you could convince a jury that you thought normal people would have thought its OK. This aspect of the test is a balance of probabilities thing, not a beyond reasonable doubt thing.

Can't think anyone would try and prosecute it though.

As for a civil action, the airline could look at trespass or the provisions of the contract they have with pax. I should think damages from trespass would be pretty small but they might have entitled themselves to remove your airmiles, deny you boarding in the future etc.

Of course if there is any consent, then nothing is amiss.

(not a lawyer, yet, give me a job)

As for my experiences:

1) Two smelly, grubby, female backpackers plonked themselves down in Premium Laurel (C class) on EVA's 777 at Bangkok bound for London. Loads of bags, loads of attitude.

Cabin crew offered welcome drink and they asked for a "bottle of house red". "One moment please." Cabin was rather busy with boarding pax passing through. Moments later they jabbed the "call attendant" button and said "if you can't do the wine now can we at least have some juice, we've had a long day". Nothing was delivered. Once boarding was finished, the purser appeared and asked them their names which they gave. They weren't on the printout, so the purser politely asked for the boarding passes which they proudly presented. They had economy seats and were sitting 2 classes up. When the purser asked them to move they replied "No way, its too late now - we've already got comfortable. We don't want to sit back there, its packed out. Its a long flight, you know" Purser points out the door is still open - and that she'll ask BKK security to remove them if they don't move rightaway. They moved.

2) Husband flying with wife in economy. Had spotted his mistress several rows ahead in the same cabin. Asked the purser to upgrade the mistress to avoid trouble. She agreed.

I'm itching to know how you learned about this situation...

I'm not ratting out anybody, but someone I know, does this a lot. He happens to be my father-in-law. He usually gets away with it and sometimes the FAs just let him remain in the undeserved business class seat. He always pulls the old and confused look when in fact he's as sharp as a casino boss.

Here's a few tips from him...

(1) dress casual, but nice, like you're going to a cruise
(2) answer all questions slowly after some thinking
(3) pretend you don't know the difference between C and Y
(4) beg... very few FAs have the stomach to turn down a
requst like that from a little old man...

His all time best record was sitting in C for the entire flight from NY to London last year.

My mistress was on board too and she told me!

^ ^ ^

And thanks for doing so.

Oh, and welcome to FT.

We very much appreciate feedback from the other 'side'.

Lihue1k